Gulf, C. & S. F. Ry. Co. v. Johnson
| Decision Date | 10 November 1897 |
| Citation | 42 S.W. 584 |
| Parties | GULF, C. & S. F. RY. CO. v. JOHNSON et al. |
| Court | Texas Court of Appeals |
Appeal from district court, Bell county; W. A. Blackburn Judge.
Action by Alice Johnson and Rogers Johnson against the Gulf, Colorado & Santa Fé Railway Company for personal injuries. Plaintiffs obtained judgment. Defendant appeals. Affirmed.
J. W. Terry and Chas. K. Lee, for appellant. Moffett & Anderson and Monteith & Furman, for appellees.
This suit was by Mrs. Alice Johnson, on behalf of herself and her minor son, Rogers Johnson, to recover damages on account of injuries sustained by Rogers Johnson in being run over, and having his foot crushed, by cars upon appellant's railway track. Verdict and judgment below were in favor of Rogers Johnson for $5,000, and for Mrs. Alice Johnson for $2,000.
There is evidence in the record which tends to establish the following facts: Rogers Johnson was about 10 years of age when he was injured, and he received his injuries at a crossing in common use by the public as a footway across appellant's track; and he was injured by being run over by a car, and his foot crushed, and, as the result, it was amputated. The testimony shows that his mother, Mrs. Alice Johnson, was poor, and was required to labor for a living, and that her son, Rogers Johnson, extended such aid and services to her as is usual in such cases, of a boy of his age. At the time he was injured he was returning from a mission to the post office, and he was endeavoring to cross the track between two cars, which at the time were stationary and apart at the crossing, when, without warning, one of the cars was backed down in a negligent manner by the servants of the appellant, and ran over him, and caused the injuries which he received. The evidence tends to show that Rogers Johnson at the time was using the footway in the usual way, and that he was not guilty of negligence, and there is also some evidence which shows that the railway company was guilty of negligence in the manner in which it caused the car to run across the footpath. There is evidence which also tends to show that Mrs. Johnson exercised proper control over her son, and that she was not guilty of negligence in permitting him to idly wander around and about the railroad track, nor was she guilty of negligence on this occasion. There is evidence which also warrants the jury in finding the amount of damages recovered. The charge of the court, as a whole, presented correctly all the issues which were proper to be submitted to the jury.
The objection pointed out by the twenty-eighth assignment of error, as to the evidence of...
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Gulf, C. & S. F. Ry. Co. v. Johnson
...the Gulf, Colorado & Santa Fé Railway Company. From a judgment for plaintiffs (77 S. W. 648), defendant brings error. Reversed. See 42 S. W. 584; 43 S. W. 583; 44 S. W. 1067; 67 S. W. J. W. Terry, A. H. Culwell, and Saunders & Saunders, for plaintiff in error. J. W. Moffatt and A. M. Montei......
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...Johnson, who is a minor child of his coplaintiff, Alice Johnson. The case has been on appeal twice before, and will be found reported in 42 S. W. 584, 43 S. W. 583, 44 S. W. 1067, and 67 S. W. 1040. At the last trial in the court below, verdict and judgment were rendered for Rogers Johnson ......
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Gulf, C. & S. F. Ry. Co. v. Johnson
...cases were consolidated and tried together, and judgments were rendered for plaintiffs, which were affirmed by the court of civil appeals (42 S. W. 584, and 43 S. W. 583), from which defendant brings error. J. W. Terry and Chas. K. Lee, for plaintiff in error. Moffett & Anderson and Monteit......